Ombudsmen at the Crossroads The Legal Services Ombudsman Dispute Resolution and Democratic Accountability 1st Edition by Nick O’Brien, Mary Seneviratne ISBN 1137584467 9781137584465

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Product details:

ISBN 10:      1137584467

ISBN 13: 978-1137584465 

Author:    Nick O’Brien, Mary Seneviratne 

Ombudsmen at the Crossroads The Legal Services Ombudsman, Dispute Resolution and Democratic Accountability 1st Table of contents:

1. Introduction

• Notes

2. Professional Context and Regulatory Background: “Fat Cats” and Frustrated “Consumers”

• Status Professionalism and the Public Interest: Renegotiating the Regulative Bargain
• The Ombuds Function: From “Redressing the Imbalance of Power” to “Protecting Consumer Rights”
• Notes

3. The LSO, Market Forces, and the Challenge to Professional Self-Regulation in the 1980s

• A Divided Profession
• From Professional Discipline to Consumer Protection: The Law Society and Bar Council in the 1980s
• The “Discipline of the Market”: Government Intervention in 1989
• LSO: A System of “Joint Regulation”
• Notes

4. The LSO in Practice 1991–1997: Democratic Accountability and the “Creaking System”

• The Ombudsman and the Work of the Office
• The Bar Council and Status Professionalism: “A Personal Face-to-Face Disciplinary System”
• Barristers and Service Standards: “Late Returns”, “Client Care” and “The Creaking System”
• The Ombudsman, the Bar, and “Democratic Accountability”: From Disciplinary System to Consumer Redress
• The Law Society and Consumer Complaints: Triumph of Style Over Substance?
• The Law Society and Third-Party Complaints: A Leitmotif of Competing Ideologies
• Technical Breaches and Conflicts of Interest: When “No” Means “No”
• Solicitors and Costs Information: The Enduring Spectre of “Ambush Charging”
• The Ombudsman, the Law Society and Democratic Accountability: Enabling Effective Consumer Protection
• The Ombudsman and the Professional Bodies: Ambition and Ambivalence
• Notes

5. The LSO in Practice 1998–2002: Consumer Dispute Resolution and “The Regulatory Maze”

• The Ombudsman and the Work of the Office
• Complaints About Barristers: Filling the Remedial Gap
• The Performance of the Bar Council: Overcoming the Last Vestiges of “Cultural Resistance”
• Complaints About Solicitors: The “Bread and Butter” of the Ombudsman’s Caseload
• Tackling the Law Society: The “Super-Escalated Complaint Environment” and the Overarching Narrative
• The “Regulatory Maze”: “Whingers and Grievance Mongers” and the Search for Strategic Direction
• The Chimera of Law Society Reform
• Consumerism Ascendant: Democratic Accountability as an Instrument of Consumerist Reform
• Note

6. The LSO in Practice 2003–2010: “Putting Consumers First”

• The Ombudsman and the Work of the Office
• The Bar Council and Consumer Complaints: “Consistently Performing to a High Level”
• The Law Society and Consumer Complaints: “Continuing Inability to Deliver Demonstrable Improvement”
• LSCC: More Symbol than Substance?
• Towards Radical Reform: The Clementi Report 2004
• LeO: A System of Consumer Dispute Resolution
• “Be Careful What You Wish For”: The Legacy of the LSO
• Notes

7. Conclusion: The Ombuds as “Third Way”

• Adjudication or Negotiation: The Ombuds Institution as “Third Way”
• Legal Pragmatism, the New Governance, and Reflexive Regulation
• LSO: A Fork in the Road

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